Opinion
Civil Case No. 03-cv-00485-REB-OES.
October 24, 2005
ORDER OVERRULING OBJECTION TO AND ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The matter before me is Plaintiff's Objection to Magistrate Judge's Recommendation for Dismissal [#83], filed October 4, 2005. As required by 28 U.S.C. § 636(b), I have reviewed de novo all portions of the recommendation to which objections have been filed, and have considered carefully the recommendation, the objections, and the applicable caselaw. The recommendation is detailed and well-reasoned. Plaintiff's objections are without merit. Therefore, I find and conclude that the arguments advanced, the authorities cited, and the findings of fact, conclusions of law, and recommendation proposed by the Magistrate Judge should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
(1) That Plaintiff's Objection to Magistrate Judge's Recommendation for Dismissal [#83], filed October 4, 2005, are OVERRULED and DENIED;
(2) That the Magistrate Judge's Recommendation For Dismissal [#76], filed August 22, 2005, is APPROVED AND ADOPTED as an order of this court;
(3) That the University's Motion for Summary Judgment [#63], filed July 6, 2005, is GRANTED;
(4) That plaintiff's claims are DISMISSED WITH PREJUDICE;
(5) That JUDGMENT SHALL ENTER in favor of defendant and against plaintiff;
(6) That the trial preparation conference, scheduled for Monday, November 21, 2005, at 1:00 p.m., as well as the trial, scheduled to commence on Monday, November 28, 2005, are VACATED;
(7) That any other pending motion is DENIED AS MOOT; and
(8) That defendant is AWARDED its costs, to be taxed by the Clerk of the Court pursuant to Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR 54.1.